Vitebsk considered the reasons for violations of legislation during housing privatization
At a joint meeting of the collegiums of the Vitebsk Regional Prosecutor's Office and the State Control Committee, the reasons for legislative violations during the privatization of residential premises were considered.
The Vitebsk Regional Prosecutor's Office pays constant attention to the protection of citizens' social rights, including during the privatization of residential premises. Inspections conducted in cooperation with the departments of the Vitebsk Regional State Control Committee showed that in 2013-2014, local executive and administrative bodies privatized over 31 thousand real estate objects, while the norms of legislation in this important area were not always observed.
In particular, contrary to the requirements of Article 136 of the Housing Code of the Republic of Belarus, territorial executive committees did not observe the one-month period for considering citizens' applications for the privatization of residential premises (Novopolotsk, Orsha, Liozno, Glubokoe, Gorodok, Polotsk districts).
Violations of the requirements of the Regulation on determining the cost of privatization objects, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated May 28, 2013 No. 421, were revealed everywhere. As a result, when assessing residential premises subject to privatization, the cost of real estate objects was incorrectly determined, thereby violating the property rights of citizens participating in privatization.
Cases of incorrect application of the general index of changes in the cost of construction and installation works, incorrect application of coefficients of consumer qualities of residential premises, and incorrect determination of the area of objects subject to privatization were allowed (Vitebsk, Beshenkovichi, Lepel, Polotsk, Senno, Tolochin, Chashniki, Sharkovshchina and other districts).
These violations led to both overestimation and underestimation of the cost of residential premises privatized by citizens.
In Polotsk, cases were established where decisions were made to privatize residential premises in residential buildings that are historical and cultural values, without the citizens participating in the privatization signing security obligations.
In many regions, decisions of local executive and administrative bodies on the privatization of residential premises were made in the absence of the necessary documents provided for by the legislation on administrative procedures.
In the cities of Vitebsk, Novopolotsk, as well as Vitebsk, Orsha, and Polotsk districts, there was a lack of proper control over the timely receipt of funds from privatization into the budget.
Adequate measures were not taken to recover overdue payments for installments for privatized housing or to terminate sale and purchase agreements through court proceedings.
Other violations of privatization legislation were also identified by prosecutors and state control specialists.
Based on the results of supervisory measures, prosecutors submitted 21 submissions to the chairpersons of city and district executive committees and issued 20 protests against the decisions of executive committees on housing privatization. In total, 38 officials of city and district executive committees and housing and communal services organizations were held accountable for disciplinary violations.
The results of the inspection were considered at a joint meeting of the collegiums of the regional prosecutor's office and the Vitebsk Regional Committee for State Control, during which reports from heads of executive authorities were heard and mechanisms aimed at eliminating the identified legislative violations were determined. At the same time, the issue of holding a number of officials accountable for allowing a lack of control over the work of subordinates was raised.
Head of the Organizational and Control Department
of the Vitebsk Regional Prosecutor's Office
Senior Counselor of Justice I.N. Bogachev